Stewart Sharma Harsanyi Immigration Law Firm Blog

Sponsor Ineligibility due to a Criminal Conviction

The author was in Vancouver to handle an appeal to the Immigration Appeal Division (IAD) for a client who was found ineligible to sponsor his wife and newborn son for a period of 5 years due to a conviction of sexual assault. The ineligibility provision was introduced to support the objectives of the Immigration and Refugee Protection Act, to protect Canadians and foreign nationals from family violence. The client/appellant had to show that the circumstances merited relief, considering the seriousness of the offense, evidence of remorse/rehabilitation/insight, establishment in Canada, hardship in the event relief was not granted, and the impact of the Best Interest of the Child (BIOC) factors. After a review of the client's credible and compelling testimony, Minister's Counsel and the author reached a joint recommendation to allow the appeal. Last week I was in the beautiful city of Vancouver to deal with an appeal to the IAD. My client is a Permanent Resident; but was convicted of a sexual assault (s.271) -the facts revealed a transgression on the lower/lowest side of the spectrum and indeed, he received a suspended sentence and probation. CBSA did not proceed against him in terms of inadmissibility; but IRCC found him ineligible... Read more →

Consequences for Not Disclosing Family Members Upon Arrival to Canada

The recent public policy regarding the non-application of s.117(9)(d) only applies to some Permanent Residents who fail to disclose family members before or upon landing in Canada. Enforcement action can still be taken against other sponsors that became Permanent Residents under different streams, like the economic stream. These sponsors who had failed to declare family members can be found inadmissible for misrepresentation. The person in question will receive a Procedural Fairness Letter, and the response will be evaluated based on the Ribic and Chieu factors. If the Officer writes a report, it will be referred to the Immigration Division. At the ID, the person will contest the allegations in the report, and if necessary, the case can be taken to the IAD. The IAD can consider humanitarian and compassionate grounds under s.67(1)(c) of the IRPA, considering the seriousness of the non-disclosure, reason for it, remorse, establishment and family in Canada, impact of BIOC, and hardship if relief is not granted. The recently announced public policy regarding the (non) application of s.117(9)(d) only pertains to some Permanent Residents (that fail to disclose family members before or upon landing as Permanent Residents). IRCC is still proceeding against PRs that have come under... Read more →